Missing pay stubs and low income on w2..Can I apply for GC?

[pashi_26]

Hi,

 

I'm working in US on H1B status and my employer would like to start GC process for me. but, when I'm with my old employer few years ago I didn't get paid continuously because of some personal reasons. so my annual income was very less than what my employer mentioned on H1 application. and of course my tax returns will be very less.

what will happen if I apply for a GC now? or I'm I eligible to apply?

How many pay stubs and w2/tax returns should I submit for GC process?

 

Thanks in advance for your time.

[jairichi]

 

Hi,

 

I'm working in US on H1B status and my employer would like to start GC process for me. but, when I'm with my old employer few years ago I didn't get paid continuously because of some personal reasons. so my annual income was very less than what my employer mentioned on H1 application. and of course my tax returns will be very less.

what will happen if I apply for a GC now? or I'm I eligible to apply?

How many pay stubs and w2/tax returns should I submit for GC process?

 

Thanks in advance for your time.

 

If you are paid less than LCA you were out of status during the time with old employer. It will surely be a problem when current employer files for your GC. Talk to a good attorney.

[rahul412]

 

Hi,

 

I'm working in US on H1B status and my employer would like to start GC process for me. but, when I'm with my old employer few years ago I didn't get paid continuously because of some personal reasons. so my annual income was very less than what my employer mentioned on H1 application. and of course my tax returns will be very less.

what will happen if I apply for a GC now? or I'm I eligible to apply?

How many pay stubs and w2/tax returns should I submit for GC process?

 

Thanks in advance for your time.

 

Well, if your w2 salary is less than LCA then obviously you were out of status. Their are chances of RFE's for being out of status.

[pontevecchio]

The clock gets reset once you leave and return. For the GC process your employer has to prove ability to pay.

[dream16]

The clock gets reset once you leave and return. For the GC process your employer has to prove ability to pay.

What clocks are we talking here? This guys isn't asking about maxing out 6 yrs on h1b, question is about less $ on w2 than what's written on LCA !

[pontevecchio]

Distant and past infractions usually do not alter the result as long as the current application is appropriate with proper credentials and ability to pay the GC salary. Out of status in previous stays is not involved in the decision process about PERM, I-140 etc. in future. Assuming the "GUY" as you so politely described the OP has the credentials for the job on offer and the company has and can prove ability to pay the process will not be affected because of what happened in the past unless UNLAWFUL Nstay was involved as opposed to OOS. My answer has NOTHING to do with any 6 year limit or "max opt"

[dream16]

Well, if your w2 salary is less than LCA then obviously you were out of status. Their are chances of RFE's for being out of status.

What RFE's rahul, if he is standing in a consulate for h1b stamping, where does an RFE come into picture there?

[JoeF]

Distant and past infractions usually do not alter the result as long as the current application is appropriate with proper credentials and ability to pay the GC salary. Out of status in previous stays is not involved in the decision process

 

You are still rather speaking in riddles. What is this about "out of status in previous stays" stuff?

I know what you mean with it, but nowhere did the OP indicate that he had left the country.

So, his previous out-of-status situation may well matter.

[pontevecchio]

Bottom line any poster in this situation needs a Lawyer rather than forum speak. My point was that if the situation was one of being OOS in the past and we have no specific details, a trip abroad and return followed by maintaining regular status would be beneficial. Neither you nor I or anybody has more specifics. If you foresee a dire prognosis then do so by all means.